no charges have been brought, the person has not been questioned nor been arrested, yet this person has been told that the case is going to the grand jury. How can this be, this person can't get any answers to any questions regarding the case. The attorney just says wait for the courts to make their move and don't try to question the court, because if nothing is there and the attorney starts checking to see if something is there then the courts will start pushing for something to be there. Can someone explain how the system works.
2007-03-05 15:54:22 · 5 answers · asked by midget 1 in Politics & Government ➔ Law Enforcement & Police
The Grand Jury is a jury called to determine if there is enough evidence to pursue criminal charges. It's basically a group of citizens who are presented with the evidence the prosecution has, interview witnesses, and their job (the Grand Jury's) is to decide if an indictment should be handed down and arrest(s) made. No one needs to be arrested for a Grand Jury to be convened, but if they decide there's a case, THEN the arrests are made. Listen to your Attorney....that's why they (Attorneys) get the big bucks.
2007-03-05 16:12:37 · answer #1 · answered by Judy B 2 · 2⤊ 0⤋
The Grand Jury supercedes the lower courts. The officer has two options: bring the case into the system through the lower courts and work it's way up to Grand Jury. Being a felony, the case will eventually come to the GJ anyway, so sometimes they bypass the lower courts and take it straight to the GJ.
The reason there has been no interview is that the officer apparently thinks the evidence is strong enough that it doesn't require it. If the GJ finds sufficient evidence, a True Bill of Endictment will be issued and a warrant will be forthcoming.
2007-03-06 00:11:08 · answer #2 · answered by Hootiesplace 3 · 2⤊ 0⤋
Well, let's assume a few things here to make it clear.
Your friend is being investigated for a white collar crime, like bank fraud. The investigators have all the records they need to show a crime was committed and that your friend probably did the crime. A Grand Jury does not determine guilt or innocence. It only determines if a crime was committed and there is enough evidence to charge your friend. A Grand Jury, after deliberations, returns a "True Bill" or "No Bill". The true bill means your friend gets charged, no bill means not enough evidence and no charges. Once the Grand Jury returns a True Bill, your friend gets arrested and charged. The only one who gets to present a case to the Grand Jury is the Prosecutor. Your friend's lawyer can not even be in the room. Your friend may be called to testify at the Grand Jury; however, he can not be forced to self incriminate himself. A Grand Jury True Bill is not a finding of guilt, only that they believe a crime was committed and the evidence suggests your friend did the crime. At the formal trial your friend's lawyer can put on his defense. Often, testimony presented at a Grand Jury is not allowed in the formal trial.
Clear as mud???
2007-03-05 16:15:56 · answer #3 · answered by Anonymous · 4⤊ 0⤋
Nothing works like it is supposed to in the judicial system. There are rules that are supposed to be followed Called the Federal Rules of Criminal Procedure (for Feds state has one too, but I don't recall what it is called). The prosecuting attorneys and judges do not follow these rules because no one is forcing them to do so. It is all corrupt & all any one who is caught up in it can do is pray their judge is in a good mood that day! Very sad. I just witnessed this all first hand how bad it all is. I knew the rules and followed them, they didn't and they totally slammed me and won.
Maybe the prosecuting attorney has enough evident without personal statements regarding the case. They don't always need things corroborated.
You are supposed to be able to answer to the indictment, but most of the time the grand juries are convened privately. Everyone on the grand jury is supposed to sign a document called a concurrence that they agree to indict. Rarely are these being done and THIS lack of it is grounds for an appeal to be granted in all cases without one. So remember this & learn about it if you are indicted.
2007-03-05 16:07:58 · answer #4 · answered by SpaGirl 5 · 0⤊ 2⤋
all you stated doesnt mean a damn thing with a grand jury...its an investigative tool...the officer takes his evidience and the results of his investigation and presents it to the grand jury...they decide if there is enough to proceed on and they issue an indictment or not....once indicted,the warrant is issued and he is arrested...then the lawyer gets to see what they have.....the cop prob decidied he had all he needed without questioning anybody else...its done all the time....no big deal.....Id go ahead and call a bail bondsman and have him standing by....very few cases go to the grand jury and not get an indictment...takes too much time to fool with presenting weak cases...somebodys going to jail soon Id bet
2007-03-05 16:19:46 · answer #5 · answered by Anonymous · 4⤊ 0⤋